Anyone can apply to search and copy certain documents in a Magistrates Court. However, there are rules and legislation that may limit or prevent who can access documents.
How documents can be accessed also depends on when the court file was commenced.
Files commenced earlier than 1 January 2019 will not be viewable on QCase. A request to search, inspect or copy a document on these files should be made by completing the Search and copy court documents online form or download the Request to Inspect or Copy Civil Court Documents (DOC, 166.0 KB) form. Once processed, the court registry will provide further details about the result of your request.
Files commenced after 31 December 2018 should be available on QCase and can be accessed via the ‘Public Access’ tab. Once a file is selected, you will be able to view basic details of the file and the index of documents on the file. Note that these files may not contain digitised versions of all documents. Some or all documents on the file may remain in physical files. Requests to search, inspect or copy documents on files that contain physical documents (i.e. documents that have not been digitised) should be made by completing a Search and copy court documents online form or the Request to Inspect or Copy Civil Court Documents form (DOC, 166.0 KB). Once processed, the court registry will provide further details about the result of your request.
Please note, some case files may not appear in a public search. If a file has a potential non-publication order, or you believe you should be able to see a file and can’t, you should contact your local registry for a check against the physical file. If the case file is a public record, the file will be made available in QCase.
Files commenced after QCase is live will be available on QCase. All documents on these files should also be available on QCase as digital documents. You can make a search and copy request using the ‘Public Access’ tab in QCase. From the Public Access tab, search for a case using party name or case number (make sure you enter the full case number, including the preceding zeros). Select the case you wish to access, and you will be able to view basic details of the case and the index of documents on the file. To inspect or copy (download) a document in a file, a request must be made to the court via QCase. Once processed, you will then gain access to the document to view and/or copy (download) directly via QCase.
All requests or applications to search, inspect or copy a file or document (whether via QCase or the ‘Search and copy court documents’ application form) will be reviewed by a registry staff member. The associated fees must also be paid before access is granted.